March 1, 1995
<br />The Buy American Act provides that the ,Government give preference to domestic construction
<br />material. The Contractor agrees that only domestic construction material will be used by the
<br />Contractor, subcontractors, materialmen and supplies in the performance of this agreement,
<br />except for foreign construction material, if any, listed in this agreement.
<br />Components, used in this clause, means those articles, materials, and supplies incorporated
<br />directly into construction materials. Construction material, as used in this clause, means an
<br />article, material or supply brought to the construction site for incorporation into the building
<br />or work. Construction material also includes an item brought to the site pre-assembled from
<br />articles, materials or supplies. However, emergency life safety systems, such as fire alarm
<br />systems, which are discrete systems incorporated into a public building or work and which are
<br />produced as a complete system, shall be evaluated as a single and distinct construction
<br />material regardless of when or how the individual parts or component of such systems are
<br />delivered to the construction site. Domestic construction material, as used in this clause
<br />means (a) an unmanufactured construction material mined or produced in the United States,
<br />or (b) a construction material manufactured in the United States, if the cost of its components
<br />mined produced, or manufactured in the United States exceeds 50 percent of eh cost of all its
<br />components. Components. of foreign -origin of the same class or kind as the construction
<br />materials determined by the Principle Representative or designee not to be mined, produced
<br />or manufactured in the . United States in sufficient and reasonably. available commercial
<br />quantities of a satisfactory quality, shall be treated as domestic.
<br />Article 15. LABOR AND WAGES
<br />Title 8-17-101, C.R.S., as amended applies to this contract and states that eighty percent of the
<br />laborers employed on each project must be Colorado labor. "Colorado labor" means any person who
<br />is a resident of the State of Colorado at the time of employment, without discrimination as to race,
<br />color, creed, sex, age or religion."
<br />The rate of wages to be paid for all laborers and mechanics shall be in accordance with the laws of
<br />Colorado. The Davis-Bacon Act does not apply.
<br />The Contractor shall at all times enforce strict discipline and good order among his employees, and
<br />shall not employ on the work any unfit person or anyone not skilled in the work assigned to him.
<br />Article 16. EQUAL OPPORTUNITY
<br />The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of
<br />1957, as amended, and other applicablelaw respecting discrimination and unfair employment practices
<br />(24-34-402 CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and
<br />Affirmative Action, dated April 16, 1975.
<br />During the performance of this Contract, the Contractor agrees as follows:
<br />(1) The Contractor will not discriminate against any employee or applicant for employment because
<br />of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical
<br />handicap or age. The Contractor will take affirmative action to insure that applicants are
<br />employed, and that employees are treated during employment, without regard to the above
<br />mentioned characteristics. Such action shall include, but not be limited to the following:
<br />employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs
<br />or terminations; rates of pay or other forms of compensation; and selection for training,
<br />including apprenticeship. The Contractor agrees to post in conspicuous places, available to
<br />employees and applicants for employment notices setting forth provisions of this non-
<br />discrimination clause.
<br />(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
<br />of the Contractor, state that all qualified applicants will receive consideration for employment
<br />without regard to race, creed, color, national origin, sex, martial status, religion, ancestry,
<br />mental or physical handicap or age.
<br />DMG-5
|